Q&A: How to determine if solid waste is hazardous waste
How do I determine if the solid waste I’ve generated is hazardous waste?
Before you can decide what class of generator you are, and therefore the level of regulatory responsibilities with which you must comply, you need to know if you’re generating hazardous waste. Anyone who generates waste materials must determine if the waste is hazardous as defined by RCRA.
Making a hazardous waste determination (figuring out whether a waste is subject to RCRA Subtitle C regulation) is a two-step process:
- Is the material a “solid waste”? (This step involves first determining whether the waste is specifically excluded from RCRA solid waste regulation under 40 CFR 261.2 and 40 CFR 261.4(a).)
- If the waste is a solid waste, is the solid waste “hazardous”? This step requires the generator to determine:
- Is the solid waste specifically excluded from RCRA hazardous waste regulation per 40 CFR 261.3 and 261.4(b)? If not, then:
- Is the waste a “listed” hazardous waste under 40 CFR 261.30–261.33? Or
- Does the waste exhibit one or more of the four characteristics of hazardous waste under 40 CFR 261.20-261.24 (ignitability, corrosivity, reactivity, or toxicity), making it a “characteristic waste”?
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